Withdrawing from a vehicle purchase contract is the most far-reaching remedy available to a buyer in a defective vehicle case. It requires the right sequence of steps and the correct form. Below is a step-by-step procedure based on the judgment of the Poznań Regional Court of 20 May 2014 (case ref. XV Ca 330/14).
The Legal Basis
Article 560 § 1 of the Civil Code gives the buyer the right to withdraw from the contract where the item sold has defects. The seller can, however, prevent withdrawal by promptly replacing the defective item with one free of defects or by promptly remedying the defect.
Withdrawal causes the contract to lapse with retroactive effect (ex tunc). Under Article 494 of the Civil Code, the parties are required to return what they have each received – the seller returns the price and the buyer returns the vehicle.
Deadlines
Where the car was purchased from a private individual (Civil Code statutory warranty), the seller is liable where the defect is identified within two years of the vehicle being handed over (Article 568 § 1 of the Civil Code). From the date the defect is identified, the buyer has one year to submit a notice of withdrawal (Article 568 § 2 of the Civil Code).
Where the car was purchased from a trader since 2023, the conformity of goods with the contract regime applies – the seller is liable for two years from delivery.
Where the seller fraudulently concealed the defect or assured the buyer that no defects existed, the expiry of the relevant deadlines does not exclude the buyer’s warranty rights (Article 564 of the Civil Code).
Step-by-Step Procedure
Step 1 – Notifying the seller of the defects. Notify the seller without delay after discovering the defect – in writing, by recorded post with proof of delivery. The date of notification is important as evidence in any subsequent proceedings.
Step 2 – Documenting the defects. Commission a report from an independent expert. A technical opinion is the key piece of evidence both as to the existence of the defect and its nature – whether it was hidden, significant and present at the time of sale. In case XV Ca 330/14, it was precisely the expert’s report that confirmed the vehicle’s accident history and the faulty SRS system – providing the basis for withdrawal.
Step 3 – Submitting the notice of withdrawal. The notice should be in written form. Where the contract was in writing, the notice of withdrawal should also be in writing (Article 77 § 2 of the Civil Code) – though the absence of written form does not make the withdrawal invalid; what is decisive is that the notice reaches the other party (Article 61 of the Civil Code).
Step 4 – Demanding return of the price and compensation. In the notice or a separate letter, call on the seller to return the purchase price and compensate for the loss suffered – including the cost of the expert report, towing and other justified expenses.
An Important Principle: Changing the Claim Is Possible
The buyer may initially demand a price reduction and, upon discovering further defects, subsequently withdraw from the contract. The Poznań Regional Court confirmed that an earlier demand for a price reduction does not preclude a later withdrawal, particularly where the reason is new defects unknown at the time of the first demand. Upon discovering new defects, all warranty rights are reactivated.
Joint and Several Liability of Co-owners
Where the vehicle had several co-owners, they are jointly and severally liable for the defects (Articles 370 and 380 § 1 of the Civil Code). The buyer may claim the full amount from any one of them.
Template Notice of Withdrawal
[Place], [date]
[Buyer’s full name] [Address]
[Seller’s full name / company name] [Address]
NOTICE OF WITHDRAWAL FROM CONTRACT
Acting under Article 560 § 1 of the Civil Code, I hereby withdraw from the contract for the sale of the vehicle [make, model, year of manufacture, VIN number], concluded on [date] for the price of PLN [amount].
The grounds for withdrawal are the following physical defects in the vehicle:
- [description of defect]
- [description of defect]
The defects were identified in the expert report of [expert’s name] dated [date], which I attach hereto.
In connection with the above, I call on you to return the sum of PLN [price] as repayment of the purchase price and the sum of PLN [costs] as compensation for the loss suffered, within 7 days of the date of receipt of this notice, to bank account number [account number].
I am prepared to return the vehicle at a place and time to be agreed between the parties.
[Signature]
Attachments: copy of the sale contract, expert’s report, photographic documentation of the defects.
What the Court Awarded in Case XV Ca 330/14
The court ordered the sellers jointly and severally to pay: PLN 27,000 as repayment of the vehicle’s purchase price, PLN 492 as reimbursement of the expert report costs, and statutory interest for late payment from the date the notice of withdrawal was submitted.
Contact Us
If you wish to withdraw from a vehicle purchase contract and need help preparing the notice and planning the next steps, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu” ul. Adama Mickiewicza 18/3, 60-834 Poznań tel. +48 795 001 536 · +48 531 335 713 kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
